TERMS OF SERVICE

Effective date: July 2020

IMPORTANT! PLEASE READ THESE TERMS OF SERVICE ("Terms") CAREFULLY.

Hello and thank you for visiting the website located at www.joserose.com, which is owned and operated by JOSÉ ROSÉ, INC., (including its affiliates, "José Rosé" "we" "us" or "our").

PLEASE BE ADVISED THAT these Terms apply to this website, located at www.joserose.com, and any other websites or applications associated with José Rosé’s brand or products that direct the viewer or user to these Terms(collectively, the "Site"). Your use of and access to the Site is conditioned on your acceptance of these Terms and our Privacy Policy. Accordingly, please read our Privacy Policy for information regarding how we collect, use and disclose your personal information. The Terms included below are a legally binding contract between you and José Rosé regarding your use of the Site and services provided by José Rosé (collectively, the "Services").

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE AND/OR SERVICES, YOU ACKNOWLEDGE AND AGREE to be bound by the following Terms, INCLUDING BINDING ARBITRATION AND WAIVER OF A RIGHT TO JURY TRIAL.

ARBITRATION NOTICE: You agree that any and alldisputes arising under these Terms, including any claims arising from or related to your use of the Site or Services, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND JOSÉ ROSÉ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury.

IF YOU DO NOT AGREE TO THESE TERMS AND/OR IF YOU ARE YOUNGER THAN TWENTY-ONE (21) YEARS OLD, DO NOT USE THE SITE OR ANY SERVICES OFFERED BY THE SITE.

1. Eligibility

In order to use and access the Site, you must be 21 years of age or older. The Site is intended to be used and accessed solely by persons who are of legal age to purchase and consume alcohol. Accordingly, you must be 21 years old or older ("Legal Age") in order to use and access the Site. If you are not of Legal Age, please exit the Site immediately.

By entering, accessing, browsing, submitting information to, or otherwise using this site, you represent and warrant that(a) you are twenty-one (21) years of age or older; and (b) your registration and use of the Site and/or Servicesis in compliance with these Terms and any and all applicable laws and regulations.

Moreover, by using and continuing to use this Site, you warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

2. Accounts and Registration:

Certain parts or features of the Site may askyou to register for an account ("Account")and/or otherwise ask you to provide information.

In consideration of your use of the Site, you agree to:

a. Only open an Account if you must meet the Eligibility Requirements (set forth above in paragraph 1, above);
b. Only open an account for yourself, and not for any other person;
c. Provide true, accurate, current, and complete information about yourself;
d. Keep the information you provide toJosé Rosé accurate and up-to-date at all times;
e. Not allow any third party to use your Account;and
f. Immediately notify José Rosé of any unauthorized use of your password or Account or any other breach of security.

You are solely responsible for any and all activity occurring under your user Account, including but not limited to, maintaining the strict confidentiality of your Account and password. You understand and agree that it is your sole responsibility to control the dissemination and use of your password, control access to and use of your Account, and notify us when you desire to cancel your Account. José Rosé will have no liability for any loss or damage arising from the use or misuse of your Account or your failure to comply with these requirements.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy.

Finally, as a condition of your Eligibility, you agree to comply with the Use of Site requirements set forth in paragraph 3, below.

3. Use of Site:

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying "The Site" will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through "The Site" any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Further, you understand and agree that alcoholic beverages may only be sold and delivered to individuals twenty-one years or older in the United States, and there must be an adult of Legal Age present to sign for all shipments of alcoholic beverages. Accordingly, each user and purchaser represents that: (1) he/she is at least of Legal Age; and (2) the person to whom any alcoholic beverage will be delivered is also of Legal Age.

4. Payment:

After making wine order selections and providing us with delivery information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have.Before you pay any fees for items you’d like to purchase through the Site ("Products"), you will have an opportunity to review and accept the fees that you will be charged.By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method. Payment is due upon placing your order.

i. Payment Processing: Jose Rose has partnered with certain third party payment processors to process payments you make via the Site. All payment transactions are administered by a third-party payment processor or third-party store. By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.
ii. Price. José Rosé reserves the right to determine pricing for Products. José Rosé will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. José Rosé may change the fees for any Product at any time. José Rosé, at its sole discretion, may make promotional offers with different features and different pricing to any of José Rosé’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
iii. Shipping Charges: We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide.
iv. Authorization. You authorize José Rosé to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, José Rosé may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

All payment transactions are administered by a third-party payment processor or third-party store (for example, Pay Pal). José Rosé expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. José Rosé is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

5. Shipping Policy:

Due to restrictions of many state laws, we only ship wine to those states where direct shipment of wine to consumers is permitted by law; currently we can only ship to: AZ, CA, CO, FL, GA, IA, ID, MI, MN, MO, MT, NV, NM, NY, NC, OH, OR, TN, TX, VA, WA. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information on changing the laws in your state.

We encourage all of our customers to ship to their work addresses. As there needs to be someone to receive and sign the package that is at least of Legal Age, shipping to your work address greatly increases your chances of receiving your wine on time.

6. Delivery:

We’ll need your name, mailing address, age, and telephone number to complete your order and delivery. Once our Products are on their way to you, we’ll send you an email confirmation with tracking information.

At the time of delivery, any domestic U.S. shipment arranged by José Rosé containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least of Legal Age. Further U.S. law requires that no delivery shall be made to a visibly intoxicated person.

PLEASE BE ADVISED THAT the risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as GSO, UPS or FedEx).

You may e-mail us at info@joserose.com with any questions regarding your order status.

7. Privacy Policy:

José Rosé may collect and use certain personally identifiable information and non-personally identifiable information about you in connection with your use of the Site, and such collection and use of personally identifiable information is subject to José Rosé’s Privacy Policy available here.

Please be advised that if you choose to connect or link your user Account to any social media site via the Site, you consent to the release of information about you to others, including to the social media sites. IF YOU DO NOT WANT INFORMATION ABOUT YOU SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITES.

8. Trademarks, Copyright, and Intellectual Property

All of the content that appears on the Site, including all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the Site, are the exclusive property of José Rosé or our licensors, and is protected by the United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall "look and feel" of the Site and José Rosé products appearing thereon, are proprietary to José Rosé and/or our licensors.

You may not display, reproduce, or otherwise use the content or materials on the Site without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site.

Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

9. Applicable Law

This Site is intended only for users in the United States. By using the Site, you agree and acknowledge that the Site is hosted in the United States and that data collected through the Site will be stored and processed in the United States. Please be advised that through your continued use of this Site, which is governed by U.S. law, these Terms, and the José Rosé Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California.

10. Changes to these Terms

José Rosé reserves the right, in its sole discretion, to modify these Terms and Privacy Policy from time to time. You agree that we may notify you of modified terms or policies by posting them on the Site, and agree that your continued use of the Site after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Site. Thus, you should review the posted Terms of Use and applicable Privacy Policy each time you use the Service. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available.

11. No Warranties or Representations

Although every reasonable effort has been made to insure the accuracy of the information contained on this Site, absolute accuracy cannot be guaranteed. This Site, and all information and materials appearing on it, are presented to the user "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.

This site may contain hypertext links to other completely independent web sites. José Rosé makes no warranty or representation as to the accuracy, completeness or authenticity of information contained in any hypertext link. The existence of such a link cannot be construed as direct or indirect approval, endorsement or sponsorship of or affiliation with the linked site on the part of José Rosé. You acknowledge and agree that José Rosé has no obligation to review any sites linked to this Site and is not responsible in any way for the content of any linked sites. Persons who use this Site to link to other sites acknowledge that they do so at their own risk. Also, our Site may be linked from another website. We do not control, nor are we responsible for, the content of these sites. The existence of such a link cannot be construed as direct or indirect approval, endorsement or sponsorship of or affiliation with the linked site.

12. Use This Site At Your Own Risk

Entry into this Site is at the user's risk. José Rosé and the parties involved in creating, producing or delivering this site are not liable for any direct, indirect, consequential, incidental, punitive or any other type of damages, losses, costs or expenses (including but not limited to legal and expert fees) which may arise either as a result of accessing or the inability to access this site. This includes, without limitation, liability for damages or injuries resulting from browsing this site, downloading any materials from it, or from such causes as computer viruses, software or hardware malfunctions, or any other errors, problems, failures or delays in computer operation in general or in network transmission.